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NAVY | DRB | 2002_Navy | ND02-00916
Original file (ND02-00916.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT

ex-AR, USNR
Docket No. ND02-00916

Applicant’s Request
The application for discharge review, received 020612, requested that the characterization of service on the discharge be changed to general/under honorable conditions. The Applicant requested a documentary record discharge review. The Applicant listed the Paralyzed Veterans of America as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030314. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the Applicant’s service. The Board’s vote was unanimous that the character of the discharge shall not change. The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. To whom it may concern,

My name is (Applicant). I entered the Navy on May 5th 1992. I had good intentions of serving my country.
I finished boot camp and I was awarded a national defense service medal. After boot camp, I was looking forward to being stationed aboard the U.S.S. Abraham Lincoln. For the first few months I was able to complete my duties and earned good ratings. From September 1992 through January 1993 my overall evaluations were 3.4.

After awhile, I began to feel depressed and lonely. At first I thought I was just homesick, but when it did not go away after a month I went to see the command chaplain. He felt that I should seek advice through my division officer and also recommended seeing the medical psychologist aboard the ship a few times hoping it would help. I took the advice of the chaplain and saw the psychologist a few times. A few more weeks past and I felt that my depression was not getting resolved. At this time my work performance started to slip. I was first assigned to work the flight deck and catapult maintenance. After that I was assigned to clean the launch valves in 120 degree closet while underway. This type of work made me feel worse. I saw the psychologist again in April and he recommended I go for a few psychological evaluations. A doctor T_ suggested I receive administrative separation for depression vs. personality disorder. This took place in March and April of 1993.

In May of 1993, I saw the medical psychologist again. I was urged to work out my problems with my command and ships chaplain. After months of feeling depressed, helpless, and unable to resolve my depression with the help of my command chaplain and doctors aboard Abraham Lincoln I took an unauthorized absence. I smoked pot thinking that this was the only way to solve my problems and get discharged from the Navy. I was young and didn't care about the consequences. I was just hoping that this would end my problems.

Now years later it still haunts me how I handled the situation. I wish that I would have been able to resolve the situation in a better manner. I see now how the consequences of my actions are affecting my life negatively. The consequences are also the affecting my wife and sons life as well. I am very sorry for my actions in the past. Please accept my apology for what has happened so it will not haunt me for the rest of my life. I only hope you can forgive me.

Sincerely,

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Letter from Jewish Family and Children's Service dated April 16, 2002
Letter from a Arizona Psychologist dated March 9, 2002
Adult progress record dated March 17, 1997
Page 3 of a medical report dated April 7, 1997
Fifteen pages from Applicant's service/medical record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USAR (DEP)     911024 - 920205  ELS
         Active: None

 Period of Service Under Review :
Date of Enlistment: 920505               Date of Discharge: 930809

 Length of Service (years, months, days):

         Active: 01 03 05
         Inactive: 00 02 07

 Age at Entry: 20                          Years Contracted: 8

 Education Level: 10                        AFQT: 58

 Highest Rate: AR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.30 (2)    Behavior: 2.20 (2)                OTA: 2.20

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: 9

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630620.

 Chronological Listing of Significant Service Events :

920507:  Applicant briefed on Navy's policy of drug and alcohol abuse.

930311:  Psychiatric Evaluation: Axis I: Dysthymic Disorder, fit for duty. Axis II: Personality disorder NOS, moderate with avoidant features.

930324:  NJP for violation of UCMJ, Article 86: Unauthorized absence from appointed place of duty from 0700. 930224 to 2300, 930228 (4 days).
         Award: Forfeiture of $300 per month for 1 month. No indication of appeal in the record.
930324:  Retention Warning: Advised of deficiency (Unauthorized absence from APD from 0700, 24 Feb 93 until 2300 28 Feb 93.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

930426:  Psychiatric Evaluation: Impression: Axis I: Occupational problem by history. Axis II: Personality disorder NOS with avoidant features. Recommendation: Fit/suitable.

 930619:  NJP for violation of UCMJ, Article 86 (2 spes): (1) Unauthorized absence from appointed place of duty on 1600, 930513, (2) Unauthorized absence from 0700, 930520 until 0730, 930525 (5 days), violation of UCMJ, Article 112A: Wrongful use of marijuana on 930528.
         Award: Forfeiture of $407 per month for 2 months, restriction and extra duty for 45 days. No indication of appeal in the record.
930622:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by Commanding Officer's NJP held on 19 June 1993.
930622:  Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

930710:  Medical evaluation for alcohol/drug abuse found the Applicant not to be alcohol/drug dependent.

930710:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

930720:  BUPERS directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 930809 under other than honorable conditions for misconduct due to drug abuse (use) (A). The Board presumed regularity in the conduct of governmental affairs (B). After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).

Issue 1: Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question. No such error or injustice occurred during the Applicant’s enlistment. The Board found the Applicant’s age, education level, and test scores qualified him for enlistment. While he may feel that depression and loneliness were factors that contributed to his actions, the record clearly reflects his disregard for the requirements of military discipline and demonstrated that he was unsuited for further service. The record is void of evidence that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions. Relief denied.

Additionally, t here is no law, or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in civilian life, subsequent to leaving the service. The Board is sympathetic to the Applicant’s diagnosis of Multiple Sclerosis. The NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, to the extent that such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review. Verifiable proof of any post-service accomplishments must be provided in order for the Applicant to claim post-service conduct and behavior as a reason to upgrade a less than honorable discharge. Evidence of continuing educational pursuits, a positive employment record, documentation of community service, certification of non-involvement with civil authorities, efforts to overcome disability and credible evidence that the Applicant is living life style free of illegal drugs, are examples of verifiable documents that should be provided to receive consideration for relief, based on post-service conduct.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge. The Applicant can provide additional documentation to support any claims of post-service accomplishments at that time. Representation at a personal appearance hearing is recommended but not required.




Pertinent Regulation/Law (at time of discharge)

 A . Navy Military Personnel Manual, (NAVPERS 15560C), Change 5/93, effective
05 Mar 93 until 21 Jul 94, Article 3630620, SEPARATION OF ENLISTED MEMBERS BY REASON OF MISCONDUCT DUE TO DRUG ABUSE .

B. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

C. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

D. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

PART IV - INFORMATION FOR THE APPLICANT
If you believe that the decision in your case is unclear, not responsive to the issues you raised, or does not otherwise comport with the decisional document requirements of DoD Directive 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Directive. You should read Enclosure (5) of the Directive before submitting such a complaint. The complaint procedure does not permit a challenge of the merits of the decision; it is designed solely to ensure that the decisional documents meet applicable requirements for clarity and responsiveness. You may view DoD Directive 1332.28 and other Decisional Documents by going online at " afls14.jag.af.mil ".

The names, and votes of the members of the Board are recorded on the original of this document and may be obtained from the service records by writing to:

                  Naval Council of Personnel Boards
                  Attn: Naval Discharge Review Board
                  720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023


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